Texas House Bill HB2249

Texas 2019 - 86th Regular

Caption

Relating to regulation of production of wells for retail public utilities by a groundwater conservation district.

Impact

One of the significant impacts of HB2249 is that it prohibits a groundwater conservation district from denying a permit for groundwater production based solely on the location of a well owned by a retail public utility. This change is expected to enhance the rights of landowners, allowing them greater freedom to obtain permits without interference from utility companies concerning the proximity of their own infrastructure. It shifts the balance towards local landowners in terms of access to groundwater resources, potentially easing the permitting process.

Summary

House Bill 2249 aims to modify the regulation of groundwater production in Texas specifically concerning retail public utilities and groundwater conservation districts. The bill introduces an amendment to Section 36.116 of the Water Code, which allows districts to consider the service area of retail public utilities when regulating groundwater production based on tract size or acreage. The intent of the bill is to clarify the relationship between landowners and retail public utilities in the context of groundwater extraction permits.

Contention

However, HB2249 could raise concerns regarding the potential for increased groundwater extraction. Critics might argue that easing restrictions on landowners could lead to over-extraction, which could compromise the sustainability of local aquifers. Remembering the delicate balance necessary for groundwater management, there may be concerns from environmental groups or area residents about the long-term implications of this bill on water resources and availability. The lack of protest rights for retail public utilities against landowners' applications may also cause friction between landowners and utility providers, as utilities could feel sidelined in regulatory decisions affecting their operations.